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TERMS AND SERVICE

§ 1
General Provisions

  1. The online store F&A Miniatures, available at the internet address faminiatures.com, is operated by Filip Andrejuk, conducting business activity under the name F & A Miniatures Filip Andrejuk, entered into the Central Registration and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, VAT ID (NIP): 9662204999, REGON: 541383367.

  2. These Terms and Conditions are addressed to Consumers and set out the rules and procedure for concluding a Distance Sales Agreement with a Consumer via the Store.

§ 2
Definitions

  1. Consumer – a natural person who enters into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.

  2. Seller – a natural person conducting business activity under the name F & A Miniatures Filip Andrejuk, entered into CEIDG, VAT ID (NIP): 9662204999, REGON: 541383367.

  3. Client – any entity making purchases via the Store.

  4. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to which a separate act grants legal capacity, conducting business activity on their own behalf, who uses the Store.

  5. Store – the online store operated by the Seller at the internet address faminiatures.com.

  6. Distance Agreement – a contract concluded with the Client under an organized distance contract system (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the contract.

  7. Terms and Conditions – these Terms and Conditions of the Store.

  8. Order – the Client’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for one or more Products with the Seller.

  9. Account – the Client’s account in the Store, storing data provided by the Client and information about Orders placed by them in the Store.

  10. Registration Form – a form available in the Store enabling the creation of an Account.

  11. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

  12. Cart – a part of the Store’s software in which the Products selected by the Client for purchase are visible, with the option to determine and modify the Order data, in particular the quantity of Products.

  13. Product – a movable item available in the Store, which is the subject of a Sales Agreement between the Client and the Seller.

  14. Sales Agreement – a sales contract for a Product concluded or entered into between the Client and the Seller via the Online Store.

§ 3
Contact with the Store

  1. Seller’s address: Dojlidy Górne 157D, 15-581 Białystok, Poland.

  2. Seller’s e-mail address: fa.miniatures.models@gmail.com

  3. Seller’s phone number: +48 601 912 134

  4. Seller’s bank account number: 62249000050000453000601336.

  5. The Client may communicate with the Seller using the addresses and phone numbers provided in this section.

  6. The Client may contact the Seller by phone between 9:00 AM – 4:00 PM.

§ 4
Technical Requirements

To use the Store, including browsing its assortment and placing Orders for Products, the following are necessary:
a. a device with internet access and a web browser such as Google Chrome, Opera, or Firefox,
b. an active e-mail account,
c. enabled cookie support,
d. installed FlashPlayer software.

§ 5
General Information

  1. The Seller, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the Store with the Client’s technical infrastructure.

  2. Browsing the Store’s assortment does not require an Account. Orders for Products from the Store’s assortment may be placed by the Client either after creating an Account in accordance with § 6 of the Terms and Conditions or by providing necessary personal and address data to complete the Order without creating an Account.

  3. Prices listed in the Store are given in Polish zloty and are gross prices (including VAT).

  4. The final (total) amount to be paid by the Client consists of the price of the Product and delivery costs (including transport, delivery, and postal service fees), about which the Client is informed on the Store’s pages during the Order placement, including when expressing their intent to be bound by the Sales Agreement.

§ 6
Creating an Account in the Store

  1. To create an Account in the Store, the Registration Form must be completed. The following data is required: 
    -mail address 
    -user name
    For making order you will need to writer shipping address

  2. Creating an Account in the Store is free of charge.

  3. Logging into the Account requires the login and password established in the Registration Form.

  4. The Client may delete their Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7
Rules for Placing an Order

To place an Order, the Client should:

  1. log into the Store (optional);

  2. select the Product to be ordered and then click the "Add to Cart" button (or equivalent);

  3. log in or use the option of placing an Order without registration;

  4. if the option to place an Order without registration is chosen – complete the Order Form by entering the recipient’s data and delivery address, choose the delivery method, enter invoice details if different from the recipient’s details;

  5. click the "Order and Pay" button / click the "Order and Pay" button and confirm the Order by clicking the link sent in the confirmation e-mail;

  6. select one of the available payment methods and, depending on the method, pay within the specified deadline, subject to § 8 point 3.

§ 8
Available Delivery and Payment Methods

  1. The Client may use the following delivery or collection methods:
    a. postal shipment, postal COD shipment,
    b. courier shipment, courier COD shipment,
    c. personal collection available at: Wierzbowa 5A, 15-743 Białystok, Poland.

  2. The Client may use the following payment methods:
    a. cash on delivery,
    b. COD payment,
    c. bank transfer to the Seller’s account,
    d. electronic payments,
    e. payment by card.

  3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

§ 9
Execution of the Sales Agreement

  1. The Sales Agreement between the Client and the Seller is concluded after the Client places an Order via the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.

  2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance is made by the Seller sending an appropriate e-mail message to the Client at the e-mail address provided during the Order placement, containing at least a statement of receipt and acceptance of the Order and confirmation of the conclusion of the Sales Agreement. Once the Client receives this e-mail, the Sales Agreement is concluded.

  3. If the Client selects:
    a. bank transfer, electronic payment, or card payment – the Client must make the payment within 4 calendar days from the date of the Sales Agreement, otherwise the Order will be canceled;
    b. cash on delivery – the Client must pay upon receipt of the shipment;
    c. cash upon personal collection – the Client must pay within 2 days of receiving notification that the Product is ready for collection.

  4. If the Client chooses delivery other than personal collection, the Product will be sent by the Seller within the time specified in the Product description (subject to point 5 of this section), using the delivery method chosen by the Client when placing the Order.

  5. In the case of Orders for Products with different delivery times:
    a. the delivery time is the longest specified time;
    b. the Client may request partial deliveries or delivery of all Products once the entire Order is ready.

  6. The start of the delivery period is calculated as follows:
    a. if the Client chooses bank transfer, electronic payment, or card payment – from the date the Seller’s bank account is credited;
    b. if the Client chooses cash on delivery – from the date of conclusion of the Sales Agreement.

  7. If the Client chooses personal collection, the Product will be ready for collection at the time specified in the Product description. The Client will be informed of the Product’s readiness via e-mail.

  8. For Orders of Products with different collection times, the Client may collect them partially or all together once the Order is complete.

  9. Delivery of Products is available only within Poland.

  10. Delivery of the Product to the Client is subject to a fee unless the Sales Agreement provides otherwise. Delivery costs (including transport, shipping, and postal charges) are indicated on the Store’s website under “Delivery Costs” and during the Order process.

  11. Personal collection of Products by the Client is free of charge.

§ 10
Right of Withdrawal from the Agreement

  1. A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

  2. The withdrawal period begins upon delivery of the Product to the Consumer or to a third party designated by them other than the carrier.

  3. In the case of an Agreement covering multiple Products delivered separately, in parts, or in installments, the period runs from the delivery of the last item, part, or installment.

  4. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. Sending the declaration before the deadline is sufficient.

  5. The declaration may be sent by post, by e-mail to the Seller’s address, or through the Store’s website. The Consumer may also use the template withdrawal form attached as Annex 1 to these Terms and Conditions.

  6. If the declaration is submitted electronically, the Seller will promptly send the Consumer confirmation of receipt of the withdrawal notice.

  7. Effects of withdrawal:
    a. The Agreement is considered not concluded.
    b. The Seller refunds the Consumer all payments received, including delivery costs, no later than 14 days from receiving the withdrawal notice, except for additional costs if the Consumer chose a delivery method other than the cheapest standard option offered by the Seller.
    c. Refunds will be made using the same payment method used by the Consumer unless agreed otherwise without additional costs.
    d. The Seller may withhold reimbursement until the Product is received back or until proof of return is provided, whichever occurs first.
    e. The Consumer must return the Product to the Seller’s address within 14 days from informing the Seller of withdrawal.
    f. The Consumer bears the direct costs of returning the Product.
    g. The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to establish its nature, characteristics, and functioning.

  8. The right of withdrawal does not apply to Agreements:
    a. for non-prefabricated goods made to the Consumer’s specification or clearly personalized;
    b. for sealed goods that cannot be returned after opening due to health or hygiene reasons, if the packaging was opened after delivery;
    c. for goods inseparably mixed with other items after delivery;
    d. for digital content not supplied on a tangible medium, if the performance began with the Consumer’s express consent before the withdrawal deadline and after being informed of the loss of withdrawal rights.

§ 11
Complaints and Warranty

  1. The Sales Agreement covers new Products.

  2. In the event of defects in purchased goods, the Client has the right to file a complaint under the provisions of the Civil Code.

  3. Complaints should be submitted in writing or electronically to the Seller’s addresses specified in these Terms and Conditions.

  4. It is recommended that the complaint include a description of the defect, circumstances (including the date) of its occurrence, Client’s data, and the Client’s request in relation to the defect.

  5. Goods returned under the complaint procedure should be sent to the address provided in § 3.

  6. If the Product is covered by a warranty, relevant information will be provided in its description in the Store.

§ 12
Out-of-Court Complaint and Redress Methods

  1. Detailed information regarding the Consumer’s ability to use out-of-court complaint and redress methods and access rules to these procedures is available in the offices and on the websites of county (municipal) consumer ombudsmen, consumer protection organizations, the Voivodeship Inspectorates of Trade Inspection, and at the following UOKiK (Office of Competition and Consumer Protection) websites:

  2. The Consumer has the following options for out-of-court complaint and redress:
    a. applying to a permanent consumer arbitration court (as per Article 37 of the Act of 15 December 2000 on Trade Inspection),
    b. applying to the voivodeship inspector of Trade Inspection to initiate mediation proceedings,
    c. obtaining free assistance from a municipal consumer ombudsman or consumer protection organization (e.g., Consumer Federation, Polish Consumer Association).

§ 13
Personal Data in the Online Store

  1. The Seller is the Controller of Clients’ personal data collected via the Online Store.

  2. Clients’ personal data is collected for the purpose of executing the Sales Agreement and, if the Client consents, also for marketing purposes.

  3. Recipients of Clients’ personal data may include:
    a. carriers or intermediaries performing shipments on behalf of the Seller,
    b. entities handling electronic or card payments in the Store.

  4. The Client has the right to access and correct their data.

  5. Providing personal data is voluntary; however, failure to provide the data required by the Terms and Conditions necessary for concluding the Sales Agreement will result in the inability to conclude such an Agreement.

§ 14
Final Provisions

  1. Agreements concluded through the Online Store are in Polish.

  2. The Seller reserves the right to amend the Terms and Conditions for valid reasons, such as changes in the law or delivery/payment methods, to the extent they affect these Terms and Conditions. Clients will be notified of changes at least 7 days in advance.

  3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code, the Act on the provision of electronic services, the Consumer Rights Act, and the Personal Data Protection Act.

  4. The Client has the right to use out-of-court complaint and redress mechanisms. Complaints may also be filed via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/

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